Monday, August 23, 2010

10-08-22 Letter to Prof Laurence Tribe: PRACTICAL OVERVIEW: The alleged Los Angeles Judiciary Racket (LA-JR) and failure of US banking regulation // Carta al Profesor Laurence Tribe: visión práctica: El presunto Los Angeles Judicial Raqueta (LA-JR) y la insuficiencia de la regulación bancaria de EE.UU.


Laurence Tribe
Harvard Law Professor
Special Counsel
US Department of Justice


RE: PRACTICAL OVERVIEW:
The alleged Los Angeles Judiciary Racket (LA-JR) and failure of US banking regulation

Prof Laurence Tribe
Senior Counsel
Access to Justice Initiative
US Department of Justice

Dear Prof Tribe:

In case you have no time to review the records attached to my complaints, previously filed with your office, and to study the history of the LA-JR over past decades, you may find the following Practical Overview a helpful guide.

The Overview was originally written in response to comment by an online reader, who blamed today's Attorney General ERIC HOLDER for conditions now prevailing in Los Angeles County, California.  Needless to say, the problem is decades old.

The Overview emphasizes the transition of the court and financial institutions into the digital era, and failure of the US government to adequately manage the transition, as key to accelerated breakdown of lawful government frameworks.

I would be glad to provide you detailed evidence in support of the statements below.

Truly,
[]
Joseph Zernik, PhD
Human Rights Alert (NGO)

CC:
1) United Nations Human Rights Council
2) Basel Accords Committee
3) US Congress Banking and Judiciary Committees
________________

A PRACTICAL OVERVIEW
The Alleged Los Angeles Judiciary Racket (LA-JR) and Failure of US Banking Regulation

GENERAL

The following is not intended as advocacy for US Attorney General ERIC HOLDER. However, one must realize that problem is decades old, and confronting the LA-JR and failing US banking regulation is a tall order.

The LA-JR controls the largest county court in the United States (~600 judges and commissioners), and the most populous county in the country (>10 millions residents), which according to FBI brought us, and the world at large, the current financial crisis.  Already in the early 2000s, FBI reports concluded that Los Angeles County was "The epicenter of the epidemic of real estate and mortgage fraud, which is a high national priority to fight".

The direct links between top management at Countrywide Financial Corporation (CFC), which triggered the current crisis and the LA-JR are fully documented below.
[1]  The direct links between the LA-JR and Brian Moynihan, President of Bank of America Corporation (BAC) - CFC successor, are likewise documented below. [1]

A. KEY EVENTS IN EVOLUTION OF THE LA-JR AND BREAKDOWN OF US BANKING REGULATION (1980-2010)

1) IRAN CONTRA SCANDAL - ~1982-1992
CIA and FBI were involved in wholesale drug trafficking, where the target was Los Angeles County, California. One aspect of the scandal, which was entirely overlooked in the 1997 US Department of Justice Special Report in the matter, was any discussion of the outcome - collusion by federal and local justice system agencies in large-scale violations of the law.  It is claimed that the Iran-Contra Scandal created conditions, which compromised any prospect of rule of law in Los Angeles County, California, for decades to come.

2) SUSTAIN  ~1985
SUSTAIN and other computerized case management systems at the Los Angeles Superior Court are deemed invalid.  Main features of the systems are similar to those listed below under PACER & CM/ECF.
The Los Angeles Superior Court was at the forefront of installation of case management systems, which led to further precipitous deterioration in integrity of the courts.  Such systems are deemed the enabling tools of the LA-JR in its current manifestation in both the civil and criminal divisions. The systems were installed during the tenure of today's California Chief Justice RONALD GEORGE in leadership positions at the Los Angeles courts.
SUSTAIN, which is now used also in other state courts in the United States, was developed and is maintained by the Los Angeles County based DAILY JOURNAL - the largest legal newspaper in California.

3) COUNTRYWIDE FINANCIAL CORPORATION (CFC) ~1990s-2000s 
The evidence is overwhelming of evolution of Los Angeles County-based CFC into a corrupt organization, and the tight collusion between CFC and the LA-JR.
[1]  It is claimed that CFC would not have evolved the way it did, absent the infrastructure of the justice system in Los Angeles County, California.

4) RAMPART SCANDAL INVESTIGATION - 1998-2000
Large-scale corruption of the courts and large-scale false imprisonments were covered up by US agencies, by permitting the local Los Angeles County agencies to investigate, prosecute, and adjudicate their own corruption.

5) LOS ANGELES OFFICE OF OVERSEER FOR CIVIL RIGHTS - 2001-2009
Operation of the Office under US Judge GARY FEESS must be deemed upon review as further cover up of massive corruption.

6) PACER & CM/ECF -  2000s
The online public access and case management systems of the US courts are deemed invalid, as detailed in a paper, peer-reviewed by an international, academic, computer science conference.
[2] The systems enabled the conduct of pretense litigations and the online publication in PACER of pretense minutes, orders, and judgments of the courts.
All US district courts and US Courts of Appeals, which were examined, without exception:
a) Failed to publish Local Rules of Court, detailing the nature of valid signatures by judges and by clerks in the system.
b) Employed the systems to curtail public access to court records, in apparent violation of the common law right to access court records - to inspect and to copy, which was re-affirmed by the US Supreme Court as First Amendment right in Nixon v Warner Communications, Inc (1978).  The most common documents, which are hidden from public access, are the NEFs (Notices of Electronic Filing) - which the courts deem today as authentication/attestation by the Clerk.
c) Implemented authentication/attestation records (NEFs/NDAs), which must be deemed invalid on their faces, as to form.
Combined, the defects listed in a)-c), above, inherently undermined the central role of the Clerk of the Court as an accountable check and balance in the safeguard of integrity of the courts.

7) E-SIGN ACT - 2002
It is claimed that the law, as enacted, and failure/inability of US government to promulgate the law, left the nature of signatures largely undefined in the digital era.  Such conditions are claimed as central in deterioration of integrity of both the courts and financial institutions.

8) COUNTRYWIDE FINANCIAL CORPORATION (CFC) COLLAPSE - 2008
The collapse of CFC in January 2008 ushered in the current financial crisis.  The US directed merger of CFC with BANK OF AMERICA CORPORATION (BAC) must be deemed upon review incomprehensible.
Contrary to the current focus on investigation of events related to the coerced merger of BAC with MERRILL LYNCH, the earlier merger of BAC and CFC should be the focus of attention.  Refusal of US agencies and senior US officers to liquidate CFC, and the forced merger of CFC with BAC led the evolution of BAC into a corrupt organization, with fully documented, direct links to the LA-JR. 
[1]

B. KEY PATRONIZERS OF THE LA-JR:

1)  Some, but not all at the US DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, including, but not limited to:
CARLA WOEHRLE - US Magistrate;
VIRGINIA PHILLIPS - US Judge;
JOHN WALTER - US Judge;
AUDREY COLLINS - Chief Judge;
TERRI NAFISI - Clerk of the Court.

2) Some, but not all at the US COURT OF APPEALS, 9TH CIRCUIT, including, but not limited to:
ALEX KOZINSKI - Chief Judge
RICHARD PAEZ - Circuit Judge
RICHARD TALLMAN - Circuit Judge
MARY M SCHROEDER - Circuit Judge
ANDREW KLEINFELD - Circuit Judge
A WALLACE TASHIMA - Circuit Judge
N.R. SMITH - Circuit Judge
STEPHEN REINHARDT - Circuit Judge
STEPHEN S TROTT - Circuit Judge
KIM M WARDLAW - Circuit Judge
MOLLY DWYER - Clerk of Court

3) Some, but not all at the US Supreme Court, including, but not limited to:
WILLIAM SUTER - Clerk of the Court
DANNY BICKELL - Court Counsel

4) US ATTORNEY OFFICE & FBI BRANCHES, LOS ANGELES, CALIFORNIA;

5) ALEJANDRO MAYORKAS - former US Attorney, Central District of California (today Director of US Department of Justice Bureau of Citizenship and Immigration Services);

6) KENNETH KAISER - Assistant Director of FBI for Criminal Investigations;

7) KENNETH MELSON - former Director of US Attorneys Office at US Department of Justice  (today Director of US Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives);

8) GLENN A FINE - US Department of Justice Inspector General.

In contrast, you would find US Senator DIANNE FEINSTEIN fighting for over a decade to compel the US Attorney Office to institute effectual Public Corruption and Civil Rights Division in southern California, and US Representative DIANE WATSON a strong supporter of the cause.

LINKS
[1]
July 11, 2010 complaint filed with SEC and US Controller of the Currency, alleging racketeering by Bank of America Corporation and its President Brian Moynihan at the Los Angeles, California Courts:
http://www.scribd.com/doc/32907453/

[2] Data Mining of Online Judicial Records of the Networked US Federal Courts
http://inproperinla.com/10-08-18-sonet2010-zernik-2-courts-pending-publication-s.pdf

Human Rights Alert - NGO
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.
Locations of visitors to this page
http://www.scribd.com/Human_Rights_Alert